Terms of service

TERMS OF SERVICE & MOBILE TERMS OF SERVICE

Breach Point Gear operates this website and provides information, tools, and services to users who accept the terms, conditions, policies, and notices stated on this site. By visiting the site or making a purchase, you agree to be bound by these terms and conditions ("Terms of Service"), which apply to all users, including browsers, vendors, customers, merchants, and content contributors.

Before accessing or using any part of the site, please read the Terms of Service carefully. If you do not agree to these terms, you may not access the site or use any services. Your continued use of or access to the site following any changes constitutes acceptance of those changes.

Shopify Inc. hosts our store and provides us with the online e-commerce platform to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you confirm that you are of the age of majority in your state or province of residence or have given us consent to allow any minor dependents to use the site. You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that your content, except credit card information, may be transferred unencrypted and modified to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to the Service without our express written permission. The headings used in this agreement are included for convenience only and will not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for any inaccurate, incomplete, or outdated information on this site. The material on this site is provided for general information only and should not be solely relied upon to make decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products offered by Breach Point Gear are subject to change without notice. Breach Point Gear reserves the right to modify or discontinue the Service, or any part of it, without notice at any time. Breach Point Gear shall not be held liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website and are subject to limited quantities and our Return Policy for returns or exchanges. While we have made every effort to display the colors and images of our products accurately, we cannot guarantee that your computer monitor will display them accurately. Breach Point Gear reserves the right to limit the sales of our products or services to certain individuals or geographic regions, and to limit the quantity of any product or service offered. All product descriptions and pricing are subject to change at any time without notice, and we reserve the right to discontinue any product at any time. Any offer made for a product or service on this site is void where prohibited. Breach Point Gear does not warrant that any products, services, information, or other materials purchased or obtained from us will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order and to limit or cancel quantities purchased per person, per household, or per order, at our sole discretion. This includes orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make any changes to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

By making a purchase through our store, you agree to provide current, complete, and accurate account and purchase information. You also agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transactions and contact you as needed. For more information, please review our Returns Policy.

We may provide you with access to third-party tools, but we do not monitor or have any control or input over these tools. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. Breach Point Gear shall not be held liable for any issues arising from or relating to your use of optional third-party tools. Any use of these tools is entirely at your own risk and discretion, and you should make sure that you are familiar with and agree to the terms on which they are provided by the relevant third-party provider(s). We may also offer new services and/or features through the website in the future, including new tools and resources, which will be subject to these Terms of Service>

SECTION 7 - OPTIONAL TOOLS

Breach Point Gear may provide you with access to third-party tools, which we do not monitor or control. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable for any damages arising from or related to your use of these optional third-party tools. You assume full responsibility and discretion for using any optional tools offered through the site and should ensure that you are familiar with and agree to the terms provided by the relevant third-party provider(s). If we offer new services or features through the website in the future, including new tools and resources, they will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some content, products, and services available through our Service may include materials from third parties. Third-party links on this site may redirect you to websites that are not affiliated with Breach Point Gear. We are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites, nor do we warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to carefully review the policies and practices of third parties and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If Breach Point Gear requests specific submissions or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise use these comments in any medium without restriction. We are not obligated to (1) maintain any comments in confidence, (2) pay compensation for any comments, or (3) respond to any comments. We may monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain libelous, unlawful, abusive, or obscene material or contain any computer virus or malware that could affect the operation of the Service or any related website in any way. You may not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments. You are solely responsible for the accuracy of your comments. We assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which you can view on our website.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our website or in our services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our website or in our services is inaccurate at any time without prior notice (including after you have submitted your order). We are under no obligation to update, amend, or clarify information on our website or in our services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our services or on our website should be taken to indicate that all information in our services or on our website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in our Terms of Service, you are prohibited from using our website or its content for the following purposes: (a) any unlawful purpose; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of our services or of any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) engaging in any obscene or immoral purpose; or (k) interfering with or circumventing the security features of our services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our services or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Breach Point Gear, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Breach Point Gear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms of Service. The determination of such invalidity or unenforceability shall not affect the validity or enforceability of any other remaining provision

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service shall remain in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If we suspect or determine in our sole discretion that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will be responsible for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or regarding The Service constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting these Terms of Service.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Breach Point Gear Inc.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may view the most recent version of these Terms of Service at any time on this page. We reserve the right, in our sole discretion, to modify, replace or update any part of these Terms of Service by posting changes and updates on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service signifies your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Mobile Terms of Service

If you choose to receive marketing text messages from us, whether through our website or by sending a text message indicating your consent, you are giving your prior express written consent to receive recurring marketing or promotional Text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt-out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. To get help, reply “HELP” to any Text Message you receive from us, or email customerservice@breachpointgerar.com

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. We or our affiliates will not be responsible for any Text messaging or wireless charges incurred by you or by a person who has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator.

Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. By using the Service or providing us with a phone number that is not your own, you agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Service.

For more information on how we use telephone numbers, please read our Privacy Policy.